The High Court in the Pakistani city of Peshawar has ordered a suspension of the Federal Government’s move to increase the share of Pakistan Administrative Service (PAS) officers in top Provincial posts.
Its decision came in response to a petition from a Khyber Pakhtunkhwa Provincial Management Service (PMS) officer, Farhatullah Marwat (pictured).
Mr Marwat claimed the Federal Government had significantly increased the share of PAS officers in Provincial posts by amending quotas without consulting the Provinces.
“Without any constitutional authority, the Federal Government has transgressed upon the exclusive rights of Provincial Civil Servants to be appointed to posts in connection with the affairs of the Province,” Mr Marwat said.
He said the rule change had given Federal authorities “including the Prime Minister or any person authorised by him” the power to make appointments to Provincial posts ranging from the Chief Secretary down to the lowest clerk.
“The Provinces were given only a consultative role in the changes even though they impact on the terms and conditions of service of the PMS cadre officers,” Mr Marwat said.
He also questioned the authority of the Federal Government to make rules in connection with the affairs of a Province under the Constitution.
Lawyers for Mr Marwat said what was in fact a Constitutional amendment had been presented as an Executive Order, which was illegal.
“Article 240 of the Constitution makes it clear that the appointments and terms and conditions of service of persons who occupy posts in connection with the affairs of a Province are a purely Provincial subject and only the Provincial Assembly can legislate on the subject,” Mr Marwat’s lawyers said.
Peshawar, 28 March 2021
